CJUS 640 Liberty University Rulings and Data Discussion Reply-assign.pdf

Please respond to the following TWO discussion post from my classmates with 250

words EACH, 1 reference EACH and a biblical viewpoint.

The original discussion post is: Topic: Rulings and Data

Thread: In Chapter 1, the author outlines the differences in the Cultures of Psychology

and the Legal System by explaining the differences between rulings and data.

One of these explanations is that precedents influence current rulings in cases.

Discuss the possibility of cases for which there are no precedents and cases for which

new laws are being enacted, such as gay marriage and child custody. Who has the rights

to the child when both parents are mothers? Fathers? What about marriage between a

naturally born male or female and a postoperative gender reassigned male or female?

What happens in cases for which there are no precedents? How would students rule if

they were judges?

1) Semechee- Precedents are past decisions on legal issues in cases that are as similar

as possible to the current case. A legal arguments persuasiveness at tying the case to

precedents is what the case often depends on. The key is not to sway too far from the

established precedent. Judges’ decisions are based on the doctrine of stare decisis (let

the decision stand). Psychology Scientists look at a more future oriented culture. They

hold the belief that our current understanding of human behavior should be continually

revised due to new and extensive data. (Constanzo & Krauss, 2018)

When there are no precedents and new laws are being enacted, who is granted the

rights to a child when the parents are both mothers and fathers? Finding an end to a

dispute, means establishing a clear binding ruling. The legal system cannot achieve

perfect justice so it must settle for approximate justice through conflict resolution. In a

democracy it is critical to resolve disputes in a way that is seen as fair and also promotes

social stability. (Constanzo & Krauss, 2018)

Who has the rights to a child when both parents are mothers or fathers? All states deem

the best interest of the child as the predominant factor stated that the U.S. Supreme

Court in Troxel v. Granville recognized that a fundamental special liberty interest

protected by Due Process Clause of the Fourteenth Amendment being, the parents right

to care, have control of, and custody of their children. The court qualified this restraint

with saying, “so long as the parent adequately cares for his or her children.” The

Louisiana Supreme Court recognized that courts need to balance the biological

paramount right to the custody of his or her child with the child’s substantive right to the

custody of his or her child with the child’s substantive right to a custodianship that best

promotes his or her welfare. Louisiana has not recognized a psychological parent-child

relationship and no specific provisions exist in Louisiana regarding persons who have

committed to same sex or heterosexual relationship in which one parent is the biological

parent but both share responsibilities. The only alternative for a nonparent is to seek

visitation rights. Yet under Louisiana Law, unless the nonparent is related by blood or

affinity or is a stepparent, a nonparent does not have any right of action to pursue

visitation. (Gros, 2018)

Many states have adopted preferred custody arrangements. This means that a particular

type of custody-usually either joint legal custody, joint physical custody, or sole physical

custody will be ordered by the court unless it can be shown it is not in the child’s best

interest. (Costanzo & Krauss 2018)

There are different LGBT movements for challenging the rules and norms of government,

but many states have banned same sex marriages. Children have equal rights under the

constitution, but there are different rules that would apply pertaining to same sex parents.

When there are no precedent’s Judges would rely on laws and the constitution for

decision making. The courts may not be able to partake in decision making unless other

factors were involved such as discrimination or perhaps mistreatment of the child.

If students were acting as Judges they would also need to follow the written laws and

decision-making process based on what is presented and follow the ethical standards.

References

Costanzo M., K. D. (2018). Forensic and Legal Psychology Psychological Science

Applied to Law Third Edition. New York: Worth Publishers.

Gros, M. M. (2018). In the Case of Biology V Psychology Where Did my "Parent"

Go? Family Law Quarterly, Vol 52 Iss 1 147-168.

Thomas Nelson Inc. (1987,1988,1991). The Holy Bible. Fort Worth, TX: World

Publishing.

2) Mills- People typically think about it a few times before making any huge decisions.

The exact process goes for the Supreme Court, where they only hear a few cases a year.

They hear the most critical cases about new problems that arise in society and renders a

decision. Cases, where there is no precedent, are hard to form judgments about because

people must make sure they are doing the right thing for society. Gay and lesbian

couples are not anything new, having been around since biblical times. They kept their

relationships a secret for the most part throughout history. In Britain in the 1900s, they

would try to reprogram people who were gay using electric shock and chemical therapy.

According to Wilson (2013), gay couples did not receive any form of recognition before

2004 through the Civil Partnership Act that gave couples the legal rights identical to

married couples because it met an emotional need. Bailey claims that the genuine

homosexual condition is something that the subject can in no way be held responsible in

itself making it morally neutral.

If I were a judge, it would be hard to make the right choice concerning these cases.

When it comes to gay marriage and child custody, I do not think much has to change.

They say it takes a village to raise a child, and I believe that is true. The most important

thing when it comes to children is that they have someone that loves them and takes

care of them. A parent's job is to make sure that their child is safe and secure. They also

should ensure that they can provide for the child financially. The parents must consider

the child’s emotional stability that includes being there if they cannot sleep. Most things

the courts consider when deciding where to place a child are the needs of the children,

the parenting capabilities of each parent, and the mental health of all involved parties

(Smith, 2017). The person who has the right to the child when both parents are mothers

is the one that can take care of and provide for it. The mother has to have time for the

child and put its best interest before themselves. When both parents are the father, the

child should go to the one who can give it a happy and stable life. In a marriage between

a naturally born male or female and a postoperative gender reassigned male or female,

the child should go to who they love and love and help them grow as a person. When a

case does not have a precedent, the judge must form new rules regarding the situation.

Smith, L., & Frazer, E. (2017). Child Custody Innovations for Family Lawyers: The Future

Is Now. Family Law Quarterly, 51(2/3), 193-218. https://www.jstor.org/stable/26909465.

Wilson, M. W. (2013). From Sherwin Bailey to gay marriage: some significant

developments in Christian thought since 1955. Modern Believing, 54(3). https://web-b-

ebscohost-com.ezproxy.liberty.edu/eh...

Peer Responses

Student’s Name:

Institutional Affiliation:

Course:

Date:

Peer Responses

Dear Semechee,

I must admit that I agree with you that precedents are past legal decisions about legal

issues that resemble the current case. Cases usually depend on the persuasiveness of the legal

arguments that were made before. One thing that stood out to me was the issue about a case

where there are no precedents and we need to establish new laws to determine the rights of a

child when both parents are of the same gender. So, lack of precedents had a little bit more

problems than usual, I slowed down and analyzed this case logically and spiritually.

Constanzo and Krauss (2018), established that when there are no precedents, and in a

democracy, it is important to resolve cases in a fair way that promotes social stability. This

means that when it is not possible to achieve perfect justice through the legal system, we must

find it through conflict resolution. In the case of Troxel v. Granville, the Supreme Court set

precedents that every parent has the right to care, control, and take custody of their children

under the fundamental special liberty interest protected by the Due Process Clause of the

Fourteenth Amendment.

However, from a biblical standpoint, God’s Word has a special place for children, and so

should we. The bible is a law, just like the constitution that states that we should take care of our

children not only because God expects us to do it, but also because we, as God’s children, also

received care. Therefore, I agree with your conclusion that in case there are no precedents, we

should be guided by laws and the constitution in making decisions.

Reference

Costanzo M., K. D. (2018). Forensic and Legal Psychology Psychological Science Applied to

Law Third Edition. New York: Worth Publishers.

Dear Mills,

Your view on precedents is rational and logical. I agree with you that people look into

precedents before making decisions, and it is hard to form judgments without precedents because

people should make sure they do not hurt society. Reading your discussion reminds me of some

experiences I had when growing up. I had many friends telling me that they either loved their

father more than their mother or vice versa. Thinking through these experiences made me draw a

contrast between the way you analyzed the issue of child support and parenthood. It is correct to

say that the most important thing for children is the love and care they receive from the parent.

The job of a parent is to ensure the safety and security of their children. Courts and even society

would consider the needs of a child and the capability of a parent to take care of these needs

before deciding which parent takes custody of the child.

I find it sensible that before giving anybody custody of the child, the decision-makers

should determine if the parent can provide a happy and stable life for the child. The parent

should also be able to show the child love and help them grow. The bible only supports a sexual

union between a man and a woman. Therefore, this topic of same-gender marriage does not have

any biblical point of view. However, the bible says that children are signs of God’s love in a

sinful world, and sets laws on how we should take care of them.

Reference

Smith, L., & Frazer, E. (2017). Child Custody Innovations for Family Lawyers: The Future Is

Now. Family Law Quarterly, 51(2/3), 193-218. https://www.jstor.org/stable/26909465.

Peer Responses

Student’s Name:

Institutional Affiliation:

Course:

Date: